Text: H.R.3958 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (10/28/2009)


111th CONGRESS
1st Session
H. R. 3958


To amend the Internal Revenue Code to provide for a refundable tax credit for heating fuels.


IN THE HOUSE OF REPRESENTATIVES

October 28, 2009

Mr. Hodes introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Internal Revenue Code to provide for a refundable tax credit for heating fuels.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Heating Energy Assistance Tax Credit Act of 2009”.

SEC. 2. Refundable credit for home heating.

(a) In general.—Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36A the following new section:

“SEC. 36B. Home heating credit.

“(a) Allowance of credit.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to amounts paid or incurred by the taxpayer during the taxable year to heat the principal place of abode of the taxpayer.

“(b) Limitations.—

“(1) LIMITATION BASED ON DOLLAR AMOUNT.—The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $1,000 ($2,000 in the case of a joint return).

“(2) LIMITATION BASED ON ADJUSTED GROSS INCOME.—In the case of a taxpayer whose adjusted gross income for the taxable year—

“(A) is greater than $75,000 but not more than $100,000 (in the case of a joint return, greater than $150,000 but not more than $200,000), paragraph (1) shall be applied by substituting ‘$500’ for ‘$1,000’ (in the case of a joint return, ‘$1,000’ for ‘$2,000’), and

“(B) is greater than $100,000 ($200,000 in the case of a joint return), the amount allowed as a credit under subsection (a) shall be zero.

“(c) Eligible Individual.—For purposes of this section—

“(1) IN GENERAL.—The term ‘eligible individual’ means any individual whose principal place of abode is in the United States.

“(2) EXCEPTION.—Except as provided in paragraph (3), such term shall not include any individual—

“(A) who is not a citizen or lawful permanent resident of the United States, or

“(B) with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.

“(3) SPECIAL RULE FOR MARRIED INDIVIDUALS.—In the case of persons married to each other, if one spouse is an eligible individual, the other spouse shall be treated as an eligible individual.

“(d) Denial of Double Benefit.—No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.”.

(b) Conforming amendments.—

(1) Subparagraph (A) of section 6211(b)(4) of such Code is amended by inserting “36B,” after “36A,”.

(2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “36B,” after “36A,”.

(c) Clerical amendment.—The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36A the following new item:


“Sec. 36B. Home heating credit.”.

(d) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2009.